M/S Madhuveer Enterprises vs. The Government Of Karnataka

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WP/11038/2025HC KarnatakaGSTCNR KAHC01023523202528 April 2025Bench: S.R.KRISHNA KUMAR3 pages
For Petitioner: SRI. SANATH KUMAR A., ADVOCATEFor Respondent: SRI. K. HEMA KUMAR, AGA FOR R-1 SRI. SHISHIRA AMARNATH, ADVOCATE FOR R-2

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Cause title — parties, addresses and appearances
- 1 - NC: 2025:KHC:17596 WP No. 11038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11038 OF 2025 (T-RES) BETWEEN: M/S MADHUVEER ENTERPRISES 149/A, 20TH MAIN, 3RD FLOOR, 1ST ‘R’ BLOCK, RAJAJINAGAR, BANGALORE – 560 010. (REPRESENTED BY SRI N T VEERESH -PROPRIETOR, S/O LATE VEERANNA N T AGED ABOUT 46 YEARS) …PETITIONER (BY SRI. SANATH KUMAR A.,ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA SOCIAL WELFARE DEPARTMENT REPRESENTED BY PRINCIPAL SECRETARY. 2. THE EXECUTIVE DIRECTOR GOVERNMENT OF KARNATAKA KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY NO. 8 M.S.B-1, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU -560 052. …RESPONDENTS (BY SRI. K. HEMA KUMAR, AGA FOR R-1 SRI. SHISHIRA AMARNATH, ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION REF. ME/KREIS/GST/312/2024-25 DTD 05.12.2024 AT ANNX-A AND REIMBURSE THE DIFFERENTIAL TAX AMOUNT TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:17596 WP No. 11038 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER In this petition, petitioner has sought for the following reliefs:

(i) issue a writ of mandamus directing the Respondents to consider the representation Ref:ME/KREIS/GST/312/2024-25 dated 05.12.2024 at Annexure-‘A’ and reimburse the differential tax amount to the petitioner. (ii) issue a writ of mandamus directing the respondents to pay interest on tax dues as per statutory interest rate chargeable under CGST Act. (iii) grant such other and further reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case including an order as to costs.”

2.

Heard learned counsel for the petitioner and learned AGA for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3.

It is the grievance of the petitioner that his representation dated 05.12.2024 at Annexure-A submitted to the respondents has not been considered so far by the respondents NC: 2025:KHC:17596 WP No. 11038 of 2025

nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of present petition.

4.

Per contra, learned counsel for the respondents submits that if reasonable time is given, the concerned respondent would consider and pass necessary order on the said representations.

5.

In view of the aforesaid facts and circumstances and rival submissions, the concerned respondent is hereby directed to address the grievances of the petitioner and consider his representation dated 05.12.2024 at Annexure – A submitted to the respondents and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.

With the aforesaid directions, the petition stands disposed of. (S.R.KRISHNA KUMAR) JUDGE

MDS List No.: 1 Sl No.: 60

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.